FY 23 JA AWE Inspection Support_Posting.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Court, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition 6.302-5 – Authorized or required by statute

1. Contracting Activity:

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center - Frederick (SAC-F), on behalf of the Department of Veterans Affairs Office of Information Technology (OIT), End User Services (EUS), Space and Facilities Management (SFM).

2. Nature and/or description of the action being approved:

This activity proposes to negotiate a non-competitive award (sole-source) with Mabbett & Associates, Inc., a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of Health and Safety Consulting and Facility Annual Workplace Evaluation (AWE) Inspection services for a base period of one 12-month base period (October 24, 2022 – October 23, 2023) and four 12-month option periods. The estimated value for this acquisition is $516,925.20.

3. Description of Services:

VA OIT, EUS, SFM provides for the physical safety and security of 28 office and warehouse facilities. VA is committed to protecting its workers from hazardous conditions in the workplace. Additionally, the Occupational Safety and Health Administration (OSHA) 29 CFR 1960 Subpart D requires that all areas and operations of each workplace, including office operations, be inspected at least once annually by a qualified person. The purpose of this procurement is to engage a contractor with the necessary safety expertise to conduct these AWEs for SFM’s space portfolio. This approach will ensure that SFM receives expert and third-party feedback to both identify hazards and develop effective mitigation strategies in consultation with an independent and highly skilled contractor with extensive experience and credibility in this critical area.

The contractor shall provide AWE safety inspections in accordance with OSHA 29 CFR 1960 Subpart D at 17 of the 28 SFM managed facilities. The contractor must provide qualified safety and health inspectors with equipment and competencies to recognize and evaluate hazards of the working environment and to suggest general abatement procedures with various recognized credentials including Certified Hazardous Materials Managers (CHMM), Certified Safety Professionals, and/or Industrial Hygienists.

Strategic Acquisition Center (SAC)

4. Statutory Authority:

The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109-461: “Veterans Benefits, Health Care, and Information Technology Act of 2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million; the estimated value is $516,925.20 and does not exceed $5M.

(2) The requirement will be synopsized in accordance with FAR part 5.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; Mabbett & Associates, Inc. is a SDVOSB registered and verified in the VIP database with recent proven capabilities to perform the required services. Mabbett & Associates, Inc has demonstrated experience with providing Health and Safety Consulting and Facility AWE Inspection services, most recently providing the same inspection support to SFM for Fiscal Years (FY) 21 and 22 through an interagency agreement (IAA) with the VA National Cemetery Administration (NCA). This IAA has been terminated. Mabbett & Associates, Inc. is listed in the General Services Administration (GSA) e-Library under multiple award schedule (MAS) 541620, Environmental Consulting Services and has demonstrated interest in performing the work.

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government. This determination will be based on a comparison of the proposed price to the Independent Government Cost Estimate.

Strategic Acquisition Center (SAC)

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applied.

IAW VAAR § 819.7007 Sole source awards to service-disabled veteran-owned small business concerns (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.” Market research was conducted as detailed in Section 7 below; based on the market research information and consideration of the most appropriate acquisition strategy, the Contracting Officer determined a SDVOSB sole source was in the best interest of the Government.

A notice will be publicized as required by FAR Subpart 5.2.

7. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted:

Market research was conducted, using Government sources, the Veterans Information Pages (VIP), GSA eLibrary, System for Award Management (SAM), National Institute for the Blind (NIB) and Interagency Contract Directory queries. Mabbett & Associates, Inc. has been determined to be a responsible source with respect to performance. They are registered and certified in the VIP (www.vetbiz.va.gov) as a SDVOSB with the NAICS code for this requirement (541620 (Environmental Consulting Services) which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this statute to sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Mabbett & Associates, Inc. represented that it is a small business and SDVOSB.

In addition, the Federal Awardee Performance, and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Mabbett & Associates, Inc. that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default, or material failure to comply, or non-responsibility of the contractor. All CPARS reports for Mabbett & Associates, Inc. showed ratings of Satisfactory or above (with many ratings of Very Good and Exceptional and no negative past performance), ranging from 2014 to the present.

8. Any other facts supporting the use of other than full and open competition:

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans

Strategic Acquisition Center (SAC) 5202 Presidents Court, Suite 103

Frederick, MD 21703 and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7007.

9. Listing of the sources, that expressed an interest in the acquisition.

Mabbett & Associates, Inc.

105 Central Street, Suite 4100 Stoneham, MA 02180-1260 mabbett@mabbett.com (781-) 275-6050

10. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

11. Certifications / Signatures.